Terms of Service

1. About these Terms

These Terms of Service (“Terms”) are an agreement between you and HUMAN READY AI (PTY) LTD, a private company registered in South Africa (registration number [REVIEW: company registration number], registered address [REVIEW: registered address]) (“we”, “us”, “SecBrain”). They cover the SecBrain web app at app.secbrain.app, the desktop apps, the iOS app, the Chrome extension and this website (together, the “Service”).

By creating an account or using the Service you accept these Terms, our Privacy Policy and our Refund Policy. If you do not accept them, do not use the Service.

2. Who we are

• Full name and legal status: HUMAN READY AI (PTY) LTD, a private company incorporated in South Africa.
• Registration number: [REVIEW: company registration number]
• Physical and postal address: [REVIEW: physical address for service of legal documents]
• Directors: [REVIEW: names of directors, if required on the site under ECTA section 43]
• Email: support@secbrain.app
• Telephone: [REVIEW: support phone number (Paddle lists email and phone as buyer support details)]
• Website: secbrain.app

3. Your account

You need an account to use most of the Service. You must be at least 18 years old [REVIEW: minimum age], give us an accurate email address, and keep your login credentials secure. SecBrain is a single-user product: an account is for one person and may not be shared. You are responsible for activity on your account.

4. Plans, billing and Paddle

4.1 Plans

SecBrain offers a Free plan and two paid plans, Pro and Max, billed monthly or annually. The features, usage limits (for example AI requests per day, AI tokens per month, memos and storage) and prices of each plan are set out on our Pricing page. Prices are shown in US dollars. [REVIEW: the product also keeps a credit balance charged per request past the daily cap (secbrain migration 025); decide whether these Terms describe it]

4.2 Paddle is our merchant of record

Our order process is conducted by our online reseller Paddle. Paddle is the merchant of record for paid SecBrain orders placed on our website or web app: Paddle sells the subscription to you, takes your payment, calculates and collects any sales tax or VAT, issues your receipts and invoices, and handles refunds and payment-related customer service. Depending on where you are, the Paddle entity you buy from is Paddle.com Inc. (United States), Paddle.com (Canada) Ltd (Canada) or Paddle.com Market Limited (the rest of the world), as listed in the Paddle Buyer Terms. Your purchase is also governed by those Buyer Terms. [REVIEW: confirm the Paddle entity names against the seller contract once the Paddle account is live] Plans bought in the iOS app are sold by Apple through In-App Purchase under Apple’s terms; Apple takes the payment and its refund process applies to those plans.

We never see or store your card details. Paddle or Apple tells us that a purchase succeeded so that our backend can grant your plan.

4.3 Renewal and cancellation

Paid plans renew automatically at the end of each billing period (monthly or annual) at the then-current price, and Paddle (or Apple, for iOS purchases) charges your payment method on file, unless you cancel before the renewal date. You can cancel at any time through the link in your Paddle receipt, the Paddle customer portal, or by emailing support@secbrain.app; for a plan bought in the iOS app, cancel in your Apple subscription settings. Cancellation takes effect at the end of the current billing period; you keep the paid plan until then, and your account then moves to the Free plan. You keep access to your library, and export stays available on every plan.

4.4 Price changes

We may change plan prices. We will tell you by email at least 30 days before a new price applies to you [REVIEW: notice period], and the new price takes effect from your next renewal after that notice. If you do not accept the change, cancel before that renewal.

4.5 Refunds

Refunds are covered by our Refund Policy, which includes a 30-day money-back guarantee, and are issued by Paddle. Plans bought in the iOS app are refunded by Apple under Apple’s refund process.

4.6 Free trial

When you choose Pro or Max, you can start a 14-day free trial of that plan. The trial needs no payment details and is limited to one per account; an account that already has a paid plan cannot start one. If you subscribe during the trial, your paid plan replaces it. If you don’t, your account moves to the Free plan when the trial ends: your library stays yours, and the Free plan’s limits apply from then on.

5. AI features

AI features (summaries, tags, embeddings, AI chat, weekly insights and rewrites) send the relevant content from your device through our server to a cloud AI provider (Anthropic, Google or OpenAI) and return the result. Cloud AI runs on our own accounts with those providers, within your plan’s limits, and includes the automatic summaries, tags and titles for items you capture, image descriptions and email recap digests; you cannot add your own API key. AI output can be wrong, incomplete or out of date: check anything important before relying on it. Cloud AI requests are also subject to the provider’s own terms.

6. Your content

You own what you put into SecBrain: your memos, attachments, tags and collections (“Your Content”). You give us a limited licence to store, copy, sync, index, process and transmit Your Content only as needed to run the Service for you, including sending it to our cloud AI providers. We do not use Your Content to train AI models and we do not sell it. You are responsible for having the rights to Your Content.

7. Export and portability

You can export your library at any time, on any plan and with or without a subscription: a full data backup and a Markdown export from Settings → Data Management in the web and desktop apps, and a Markdown export in the iOS app. Every plan has the same export formats.

8. Acceptable use

You must not use the Service to:

• break the law, or store or share content that is unlawful, infringing, or that exploits children;
• probe, scan or test the Service’s security without our written permission (report vulnerabilities to security@secbrain.app);
• interfere with or overload the Service, or get around plan limits, rate limits or access controls;
• access the Service by automated means other than the apps and interfaces we provide;
• resell, sublicense or share access to the Service, or use it to build a competing product;
• use the AI features in breach of the usage policies of the AI provider handling the request.

9. Our intellectual property

The Service, its software, design and the SecBrain name and marks belong to us or our licensors. These Terms give you a personal, non-exclusive, non-transferable right to use the Service while your account is active; they do not transfer any ownership. If you send us feedback, we may use it without obligation to you.

10. Changes to the Service

We keep improving SecBrain and may add, change or remove features. Some features are labelled beta or are distributed through test channels such as TestFlight; they may change or stop working. If we remove a paid feature in a way that materially reduces your plan, you may cancel and ask for a pro-rata refund of the unused period [REVIEW: pro-rata refund on material feature removal].

11. Suspension and termination

You can stop using the Service at any time and delete your account in Settings (Delete account). Deletion runs when you confirm; there is no grace period. Deleting your account cancels a plan bought on our website or web app immediately. The rest of the period isn’t refunded automatically; the 30-day guarantee in our Refund Policy still applies. A plan bought in the iOS app is billed by Apple until you cancel it in your Apple subscription settings. Export first if you want a copy.

We may suspend or close your account if you seriously or repeatedly breach these Terms, if the law requires it, or to protect the Service or other users. Where it is reasonable to do so we will give notice first and a chance to export Your Content. Sections 6, 9 and 12 to 15 survive termination.

12. Disclaimers

We provide the Service with reasonable care and skill. Apart from that and any rights you have by law, the Service is provided “as is” and “as available”, and we do not promise that it will be uninterrupted, error-free or that AI output will be accurate. Keep your own exports of anything you cannot afford to lose.

13. Limitation of liability

To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill, and our total liability to you for all claims relating to the Service in any 12-month period is limited to the greater of the amount you paid for the Service in those 12 months and USD 100 [REVIEW: liability cap]. Nothing in these Terms limits liability that cannot be limited by law, including liability for gross negligence or fraud, or your rights under the Consumer Protection Act, 2008 or other consumer law that applies to you.

14. Indemnity

If you use the Service in breach of these Terms or the law, and a third party makes a claim against us as a result, you agree to cover our reasonable losses and costs from that claim, to the extent the law allows. This does not apply to consumers where the law prohibits it.

15. Governing law and disputes

These Terms are governed by the law of the Republic of South Africa, and the courts of South Africa have jurisdiction [REVIEW: governing law and the court division (for example the Gauteng or Western Cape division of the High Court)]. If you are a consumer living elsewhere, you keep the protection of the mandatory consumer law of your country. Please contact us first: most problems are solved by email.

16. Changes to these Terms

We may update these Terms. For a material change we will email account holders at least 30 days before it takes effect; continuing to use the Service after that date means you accept the new Terms. The date at the top of this page shows the latest version.

17. Contact

Questions about these Terms: support@secbrain.app. Privacy questions: privacy@secbrain.app.